McClure v. McClure

SULLIVAN, Judge,

concurring.

I concur solely because Mildred MeClure repudiated the property settlement agreement before it had been incorporated into the decree. I disagree with the majority to the extent that it ignores the stipulation concerning the property settlement.

While the agreement may not have been reduced to writing in a separate document and signed by the parties as well as by counsel, the agreement became binding upon the parties when it was stipulated into the record. Bramblett v. Lee (1st Dist.1974) 162 Ind.App. 654, 320 N.E.2d 778, cert. denied, 424 U.S. 915, 96 S.Ct. 1115, 47 LEd.2d 820 (1976); see American White Bronze Co. v. Clark (1890) 123 Ind. 230, 23 N.E. 855.